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Complaint from U.S. Attorney about Utah HB 155

Complaint from U.S. Attorney about Utah HB 155

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Published by Brian Grimmett
Complaint filed by U.S. Attorney for Utah over HB 155 that prohibits BLM and U.S. Forest Service agents from enforcing state and local laws, or federal regulations that mirror state and local laws.
Complaint filed by U.S. Attorney for Utah over HB 155 that prohibits BLM and U.S. Forest Service agents from enforcing state and local laws, or federal regulations that mirror state and local laws.

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Published by: Brian Grimmett on May 13, 2013
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10/22/2013

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STUART F. DELERYActing Assistant Attorney GeneralDAVID B. BARLOW (Bar #13117)United States AttorneyCARLIE CHRISTENSEN (Bar #633)JEANNETTE F. SWENT (Bar #6043)Assistant United States AttorneyARTHUR R. GOLDBERGAssistant Director, Federal Programs BranchRYAN PARKER (Bar # 11742) *SCOTT RISNER (MI Bar #P70762) *Trial AttorneysDepartment of JusticeCivil Division, Federal Programs Branch20 Massachusetts Ave., N.W.Washington, DC 20001Telephone: (202) 514-4336Facsimile: (202) 616-8470E-mail: ryan.parker@usdoj.govAttorneys for the United States*Applications for admission
 pro hac vice
forthcoming
UNITED STATES DISTRICT COURTDISTRICT OF UTAH
The United States of America,Plaintiff,v.The State of Utah; and Gary R. Herbert,Governor of the State of Utah, in his officialcapacity,Defendants.Case No.
COMPLAINT FOR DECLARATORYAND INJUNCTIVE RELIEF
Case 2:13-cv-00332-TS Document 2 Filed 05/13/13 Page 1 of 13
2:13CV00332 TS
 
Plaintiff, the United States of America, by its undersigned attorneys, brings this civilaction for declaratory and injunctive relief and alleges as follows:
INTRODUCTION
1.
 
In this action, the United States seeks to declare invalid and preliminarily and permanently enjoin enforcement of Sections 53-13-106.5 and 76-8-512(4) of the Utah Code, asamended by Utah House Bill (“HB”) 155 (2013), because these provisions are preempted byfederal law and therefore violate the Supremacy Clause of the United States Constitution.2.
 
Sections 53-13-106.5 and 76-8-512(4), as amended by HB 155, purport toregulate agents and employees of the federal government in the performance of their federalduties and to restrict the federal government’s constitutional authority to regulate the use of federal property. They purport to prohibit federal employees from exercising law enforcementauthority granted to them by Congress on federal land, and they purport to make it a criminalmisdemeanor for employees of the Bureau of Land Management (“BLM”) and the ForestService to perform the duties required of them by federal law. Accordingly, these provisions of Utah law, as amended by HB 155, are preempted by federal law.3.
 
HB 155 was signed into law on April 13, 2013, and will take effect on May 14,2013. The Government seeks preliminary relief enjoining enforcement of Sections 53-13-106.5and 76-8-512(4) of the Utah Code, as amended by HB 155, while the Court considers the UnitedStates’ request that the provisions be declared invalid and enforcement be permanently enjoined.
JURISDICTION AND VENUE
4.
 
This action arises under the Constitution of the United States, Article VI, Clause 2and Article IV, Section 3, Clause 2; the Federal Land Policy and Management Act (“FLPMA”),
Case 2:13-cv-00332-TS Document 2 Filed 05/13/13 Page 2 of 13
 
243 U.S.C. § 1701,
et seq.
; the National Park Service Organic Act, 16 U.S.C. § 1,
et seq.
; and theForest Service Organic Administration Act, 16 U.S.C. § 551. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331 and 1345, and the United States seeks remedies under 28 U.S.C. §§ 1651, 2201, and 2202.5.
 
Venue lies in the District of Utah pursuant to 28 U.S.C. § 1391(b). Defendantsare the State of Utah and the Governor of Utah, who resides in Utah. A substantial part of theevents or omissions giving rise to this claim occurred in Utah.
PARTIES
6.
 
The United States of America is the plaintiff in this action, suing on its own behalf, as well as on behalf of the United States Department of the Interior (“DOI”) and theUnited States Department of Agriculture (“USDA”).7.
 
DOI is an executive department of the United States. DOI manages federal landthrough its component bureaus, including the BLM, the National Park Service (“NPS”), the Fishand Wildlife Service (“FWS”), and the Bureau of Reclamation (“BOR”).8.
 
USDA is an executive department of the United States. USDA manages federalland through its component, the Forest Service.9.
 
Defendant, the State of Utah, is a state of the United States that entered the Unionas the 45th state in 1896.10.
 
Defendant Gary R. Herbert is the Governor of Utah and is being sued in hisofficial capacity.
Case 2:13-cv-00332-TS Document 2 Filed 05/13/13 Page 3 of 13

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